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Surrogacy Laws in Oregon

Oregon laws concerning surrogacy seem to just permit surrogacy agreements that are uncompensated. The issue of LGBT surrogacy contracts has not been looked at by the courts yet.

 

There is an Oregon law that prohibits selling or buying a person, but it has a clear exemption for service fees for an adoption in the context of a surrogacy contract. This seems to confirm the decision of a 1989 Attorney General’s opinion where he said that the state could invalidate any contract in which money was given for the ability to adopt a child, especially when the birth mother argues against it. The case law verifies that if a surrogate mother gets compensated for her adoption consent with a surrogacy agreement, then the contract is not enforceable. However, it seems that the courts will still allow a surrogacy agreement where the compensated surrogate mother would have carried the baby whether she had payment or not. There was one case in 1994 at an Appeals Court in Oregon where it upheld a surrogacy agreement that was uncontested, and I refused to invalidate the agreement even though the surrogate mother’s payment was above her expenses related to pregnancy. The facts showed, the Court said, that the surrogate would have gone through with the contract even without compensation and that she wasn’t trying to withdraw her adoption consent for the child. This case was decided, however, before the statutory provision mentioned above was passed.

 

 

 
 
 
 
 
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